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Legal Knowledge and Analogy

Fragments of Legal Epistemology, Hermeneutics and Linguistics

  • Book
  • © 1991

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Editors:
  1. Patrick Nerhot

    1. European University Institute, Florence, Italy

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Part of the book series: Law and Philosophy Library (LAPS, volume 13)

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Table of contents (10 chapters)

  1. Front Matter

    Pages i-v
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  2. Introduction

    • Patrick Nerhot
    Pages 1-11

  3. The Analogy Between Logic and Dialogic of Law

    • Karl-Heinz Ladeur
    Pages 12-41

  4. Analogy as Legal Reasoning

    • Giuseppe Zaccaria
    Pages 42-70

  5. Milking the Meter

    • Cees W. Maris
    Pages 71-106

  6. The Function of Analogy in Law: Return to Kant and Wittgenstein

    • Jacques Lenoble
    Pages 107-144

  7. Analogy in Legal Science: Some Comparative Observations

    • Bernard S. Jackson
    Pages 145-164

  8. Legal Analogy Between Interpretive Arguments and Productive Arguments

    • Vittorio Villa
    Pages 165-182

  9. Legal Knowledge and Meaning (The Example of Legal Analogy)

    • Patrick Nerhot
    Pages 183-197

  10. Analogical Reasoning and Legal Institutions

    • Zenon Bankowski
    Pages 198-216

  11. Analogy in the Law

    • Jan M. Broekman
    Pages 217-243

  12. Back Matter

    Pages 245-245
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Keywords

About this book

3 of law as an object that has always already been there, systematic and com­ plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex­ tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar­ get this legal knowledge where the theory of lacunae finds its place.

Editors and Affiliations

  • European University Institute, Florence, Italy

    Patrick Nerhot

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